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alphagc

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Hi Gurus,

I got my GC through employment in 2004. The sponserd company filed my I-485 in Feb 2002 and I got laid off in Nov 2002 (>180 days). I have a letter to prove that as well as all my pay stubs.

I found a job the same day and in the same field. I used my EAD and haven't filed any AC21. I notified USCIS of lawyer change (G-28) and I got my GC approval in 2004.
I have been with this new employer from Nov 2002 till Jul 2006 as a full time employee. However, in Jul 2006 changed to a part time because I joined another company as a full time employee..

Do you think this can be a problem during the citizenship interview?

My N400 interview in Jan 2008. I applied since I'm married to US citizen for more than 3 years.

I was looking forward for the interview but now I'm concen.....

Your adivce is highly appreciated!!!!!
 
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alphagc said:
Hi Gurus,

I got my GC through employment in 2004. The sponserd company filed my I-485 in Feb 2002 and I got laid off in Nov 2002 (>180 days). I have a letter to prove that as well as all my pay stubs.

I found a job the same day and in the same field. I used my EAD and haven't filed any AC21. I notified USCIS of lawyer change (G-28) and I got my GC approval in 2004.
I have been with this new employer from Nov 2002 till Jul 2006 as a full time employee. However, in Jul 2006 changed to a part time because I joined another company as a full time employee..

Do you think this can be a problem during the citizenship interview?

My N400 interview in Jan 2008. I applied since I'm married to US citizen for more than 3 years.

I was looking forward for the interview but now I'm concen.....

Your adivce is highly appreciated!!!!!
Click to expand...


You should be ok. INS had issued no regulations requiring a formal application to be filed for AC21. So while an officer may give you a little hard time (very remote possiblity) in the interview they cannot really make out a case to deny you N400.


Here is an excerpt from http://www.murthy.com/news/UDac21qa.html#10


Question 10 : How do I exercise the portability provisions? What do I actually have to do? TOP

AC21 does not state that notification to INS is required. The current INS guidance on the issue says that it is "expected" that a letter will be sent to INS. There is also no particular format for sending a letter advising of the change in jobs.

Lawyers may propose a variety of approaches in these circumstances. Often INS sends a Request for Evidence (RFE) as a routine part of the case, prior to final decision. The RFE may ask for updated employment information, including an employer letter and possibly pay stubs. It would be sufficient to inform the INS at that point of the new employment offer. Submitting information in response to an RFE rather than sending it unsolicited has the advantage that the RFE contains a tracking bar code to ensure that the information is placed into the file. Information submitted without an RFE often receives low priority at the Service Center and may languish in a pile of unsorted correspondence for several months or longer.

Still, it may make sense to send in the information after the 180-day point even if INS has not issued an RFE. That way, in the event INS does not send an RFE, the applicant can be sure that the information was provided prior to the approval of the case. This method may avoid confusion as to exactly which employment offer formed the basis of the approval. Of course, delays in matching up routine mail with a particular file may lead to the issuance of an RFE, regardless. In this case the information must be provided again.
 
alphagc said:
One more thing, my sponserd company laid me off because they were going out of business.
Click to expand...

alphagc,
Since you know the law is on your side all you need to do is to write clearly your employment dates for the past 5 years on the N400, that is all. You dont have to highlight anything or otherwise mention anything specific about this until asked in the interview. IF (a big IF) officer asks you anything about wether you worked for the company who sponsored your GC, say YES but that under AC21 you understood you were allowed portability of employment and you moved your employer after (x months ) and this was done on advice of your attorney (Mr. XXX). Take a copy of Muthry forums explanation and some other AC21 legislation text if needed in a neat folder.
being organised like this tells the officer that this line of questioning is useless since you are fully prepared to take this up to appeal stage and he will just move on. They are looking for instances where you may get nervous and then make you say things that you will regret later. So since you dont have a problem, just be prepared for that line of questioning with proper documentation and the officer will quickly abandon that line.

I know this will never happen since USCIS is cleverer than that, but if one such case goes to federal court the judges would nail the USCIS down on delays and hand the plaintiff a resounding victory and seal this question once for ever.
 
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lotechguy,

Thank you for the great advice. I really appreciate your input.
May be it is just me that I worry too much for nothing!!!

alphagc
 
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